PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 APRIL 2003                  
	DOCKET NUMBER:   AR2002081737

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Purple Heart.

3.  The applicant states that he was wounded in the Korean conflict as stated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the casualty report, but was never awarded the Purple Heart.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  The applicant enlisted in the Regular Army on 10 May 1950 for a period of      3 years.

6.  The applicant’s DD Form 214 indicates he was separated on 9 May 1953 after completion of 3 years.  Item 29, indicates he was wounded as a result of action with enemy forces on 21 July 1952.  Item 27 shows he was awarded the Korean Service Medal with 2 bronze service stars, the Combat Infantryman Badge and the United Nations Service Medal.

7.  The Korean Casualty File verifies that the applicant was wounded by hostile action on 21 July while serving in the Korean War. 

8.  Army Regulation 600-8-10 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity  during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

9.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

CONCLUSIONS:

1.  Evidence shows the applicant was wounded as a result of hostile action with enemy forces during the Korean War and is entitled to award of the Purple Heart. 

2.  Although the applicant’s military personnel file is not available the Board notes that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 9 May 1953.   The fact that he was honorably discharged in the grade of corporal with no lost time tends to support a conclusion that in all likelihood the applicant had no incidents of misconduct during his military service, which would justify denying him an award of the Army Good Conduct Medal.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 10 May 1950 through 9 May 1953.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart, and the Good Conduct Medal for the period 10 May 1950 through 9 May 1953.

BOARD VOTE:  

__JHL___  __RTD__  ___YM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002081737	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030415	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.